Indian Penal Code, 1860 (XLV of 1860) S. 499, 500, 506 - Defamation - In the reply submitted to the complaint, it was stated that the complainant is habitual of making complaints and he is mentally disturbed - The purpose was not to defame him but to protect his interest - While submitting reply to the notice, no doubt accused in order to bring his case under exception third or ninth to Section 499 IPC must first establish that in making imputations, he acted with due care and attention so as to protect his interest - The imputations need not to be true but it is to be seen whether he has acted with due care and attention - Reply was filed and certain words were uttered just to show his innocence by proving that the other party was habitual of making such complaints - Court - While passing summoning order, the trial Court has not considered the third and ninth exception to Section 499 IPC - Summoning order - Set aside.  (178) P.L.R.